we have a great program planned. a computer image of this little girl found dead two weeks ago in boston garnering millions of views. the growing mystery of baby doe. a man is brutally murdered in broad daylight on a metro train in d.c. as almost a dozen stood by and watched. and i'll give my take on bill cosby and those court documents released by a judge this week. i'm glad that cosby has been outed but i'm questioning the process. what i consider to be the biggest story of the week. the impact that one man is having on the 2016 cycle, donald trump. he stood with families whose loved ones were killed by illegal immigrants. >> the folks who are telling me something that was incredible whenever somebody hears that it

was an illegal that was involved with the death of their children children it becomes politically incorrect for a politician to help them. that's how messed up our nation is. >> the reality is the outcome of the 2016 election is being determined right now. how trump's fellow republican candidates react to trump's more incendiary comments will linger long after trump has left the debate stage. demographics are not on the side of the gop, the party is older, whiter and male at a time when the nation is changing. just this week latinos outnumber whites in california. in 2016 the republican candidate cannot win without increasing the share of the nonwhite vote that was received

by both mitt romney and john mccain in the most recent presidential elections. how can mr. trump possibly do that? his views may edge liven the base they're not a growth strategy for the gop. yesterday i asked my radio audience if they thought trump's comments were resonating. one caller had an interesting observation? >> i think this is just the chickens of the coming home to roost. trump is becoming a more accurate mirror of the republican base. and i as a moderate republican can get frustrated with that, because i think it's something the republican party has said increasingly over the last few years. they have tried to distance from it. you can't live in a talk radio, facebook bumper sticker type world, and take advantage of that to attack democratic candidates and then complain

when a republican candidate for president uses the same strategies and same arguments to attack the other candidates. >> if they don't confront trump, they run the risk of winning a nomination while alienateing independents whom gallop reports now compromise 43% of the country. if they push trump too far, he could run as a third party candidate and siphon off jeb bush's votes. which gives the donald the ultimate trump card. here to respond is michael cohen. tell me how the donald trump can

grow the gop 10? >> donald trump is a force in and of himself. he's not something he's going to could you tow to anyone. he's leading the polls. and if he's not leading the poll in a specific state, then in all fairness he's number two. so one thing for sure he's going to be on the stage for the debates, and he's going do have his voice heard. >> the case that has given prominence to the illegal immigration issue is this horrific murder of kate steinle in san francisco about ten days ago. and i agree with mr. trump, that the fact that the man who apparently killed or allegedly murdered her was able to break into the united states five time s s. proof of our problem with conditions at the border. the way in which donald trump has approached this is to distort some of the facts. the washington post this week in looking at his public statements gave him four pinocchios.

how is he going to win the nonwhite vote if you have fact checkers saying he's not telling it straight? >> well, he is telling it straight and donald trump speaks from the heart, which is something very different than any of the other politicians do. what they do they go ahead and they have polls. in order to see what they're going to say, it's going to poll well and then they create a speech based upon that and that's not going to help the party. it's not going to help this country. all donald trump wants to do is make this country great again, he wants to put people back to work, he wants to bring companies that find it economically beneficial to leave this country to come back. this country needs to grow its which he. and i'm going to tell you that the interesting thing is when you say, how is donald trump going to rebrand the gop and create a relationship with latinos? first, there's two parts to that, the first is what donald trump said in his speech was not directed to mexicans.

that's a gross disorganization by the press, by the liberal media that wants to take donald trump out of this race. he did not say mexicans and he certainly did not say latinos he said mexico he was referring to the mexican government what he then did is on probably more than 10,000 speeches and meetings with both liberal media as well as print and television he explained it's the mexican government not mexicans. >> i understand. >> that wasn't enough. he put out statements so he put out statements that explained it they still don't want to hear it. donald trump is not backing down. he doesn't back down to anyone. >> i want to get to that too. i don't consider myself part of any liberal media i want to get to the facts, and the facts suggest that proportionately, those who are here in this

country illegally are committing less crime than native born americans. that's what the washington post was getting at when they called out mr. trump and said this just isn't true? >> tell that to the family of this young girl that was killed. the bottom line is this is not an issue about one person though in all fairness if you look to see the tragedy that took place in charlotte, what a great result that had for charlotte and the american people. let's hope that the same thing happens for this beautiful young girl that was killed in san francisco. this is a time for immigration reform. that's something mr. trump feels strongly about. >> you referenced the liberal media. last night in california trump took his own shot at the media, let's all watch. >> the problem is you'll cut the statement in half you'll cut it down so you leave out what i said which you always do because the press in many cases is very very dishonest.

>> michael, is he too thin skinned to be president? >> he let's no criticism go unpunished. i have too tell you, a year ago, when i started at cnn and i read passing reference to him, he quickly tweeted out and told jeff zucker, my boss they were wasting money on me? is that the kind of guy who can take the critique in office? >> he does not have thin skin he doesn't let people attack him without being attacked back that's just his nature that's what's made him the success he is. >> well i think there's a difference between being attacked and just offering criticism that's fact based. you're the executive vice president of the trump organization have you calculated the hit to his brand that all of these business ties that have been cut by sponsors have generated? >> in comparison to his net worth which is in excess of $8 billion, it's small potatoes to

donald trump. his goal is to make america great again, and he's willing to sacrifice these dollars that these spineless sponsors to decide to walk away from mr. trump. they'll all be back down the road when he ends up taking the white house. >> rnc chair called mr. trump this week to ask him to tone it down. my understanding is you facilitated that call and you listened in did donald trump respond to his plea and say, that he would take it down? >> >>. >> i'm not so sure that's accurate. >> tell me what happened. >> the chairman called my office i connected it in to mr. trump. i was privy to the conversation. as counsel to mr. trump, it's a little difficult, because it's a conversation between my client as well as the chairman. i want to tread lightly on that. it was not a request for mr.

trump to tone anything down. it was more a congratulatory phone call as mr. trump is now leading the polls. he did say that the gop is actively seeking to create a better relationship with the latino community. and that he should just take that into consideration. mr. trump said i'm going to be me, that's the only thing i know how to be. i'm not one of these phony politicians that in all fairness are the ones that got us into the trouble that we're in. >> i'm hearing from you, i think that donald trump plans no change in his approach to going after the nomination. >> donald trump has a great relationship with latinos. this is all being fostered by groups that want to create something for themselves. eventually he's going to have the latino community voting for him as well. the people who are most hurt by

illegal immigration happen to be legal immigrants. and it's not that he's against immigration. his father grandfather came from germany, his first wife from czech, his current wife from slovenia. he's not anti-imgrant. he wants immigration, it's what created this country, to be the wonderful country that we are. what he does want is legal immigration, because it's just better for the economy. it's better for the country. it gives these people the opportunity to create the american dream for themselves. >> has he categorically ruled out running for president as a third party candidate? >> why would he even think about it at the moment? he's the front-runner of the gop? >> i have to say, i've let that pass i think three times, i'm aware of any poll that shows him the front-runner? i know he's doing well in new hampshire and iowa but the national surveys that i've seen put him somewhere in about the 7th position. by the way, not bad. he's in the top 10 but which poll is he leading?

>> well take a look at the one that came out on thursday the economist has him leading in the national poll. >> i'm going to look it up. i appreciate your time here. >> right now he's busy on the trail. governor george pataki who unlike other gop hopefuls hasn't been afraid to call out trump on his brash remarks. >> governor you were the first of the republican candidates to condemn donald trump for those comments he made about mexicans since then, he seems to have gained traction. why? >> >>. >> obviously, he's gotten enormous press out of this there is a sense of frustration about illegal immigration and we have to control the border. so many illegals who have

committed crimes have been released from detention. last year alone, the obama administration released over 30,000 illegal immigrants who had been charged with crime. so there is enormous frustration over those elements. i don't think it's because of his attack on memexicans i think it's because a great many want to seal the border and deal with criminal illegal aliens. i do too by the way. >> you've confronted donald trump, do you think jeb bush will riou the day he did not do so to the extent george pa tack question has. >> you guys are the political experts. i don't know who's going to riou what day. i was never looking for a fight with donald trump, i am going to always stand up and defend people who i think have been wrongly attacked. and in this case mexicans. >> let me show you what another of your competitors said. this is ted cruise embracing donald trump.

>> i am proud to stand with donald trump. i like him and respect him. there's a reason why so many republican 2016 candidates are attacking trump. because they haven't been speaking out on the need to secure the border. many of those 2016 candidates have been vocal advocates of amnesty, which only increases illegal immigration. i think we need to stand with the working men and women, i think we need to stand with legal immigrants. >> react to what you heard, are you for a path of citizenship for the estimated 11 million who are here illegally? >> i am for a path to legal status as a resident of america. and i've outlined that and outlined it for some time. and i like so many of my fellow republican running mates have called for controlling the border and sealing the border. and outlined detailed plans as to what we would do. i just -- it's easy to avoid the fact that it was a directed path

on mexicans. i heard it that way, i believe it was meant that way, that's the part i reject completely. >> republican candidates will gather on a debate stage in cleveland, ohio potentially, yourself john kasich among others lindsey graham may not be on the prime time stage. when i asked you about this before you said the rules are what the rules are, and you'll play by them. >> are you frustrated about the way this is shaping up? >> sure i am. i have a lot to say about the future of america, a lot of ideas as to how we can bring americans together and have a better future for not just republicans or democrats, but all of us standing together i'd love to be on that stage. i ran for governor as a republican in new york. the rules weren't very fair then i won. if the rules don't allow me on i'm not going to fight to change them i'm going to fight for the future of america, and do my best to get my message and my vision out to the people. >> do you worry about donald trump running as a third party

candidate, taking votes from ross perot and george herbert walker bush? i think the cycle was '92. >> no i don't worry about that. i had third party candidates when i ran for governor. whatever the circumstances are, if you believe in your ability to lead. if you believe in the american people and your vision as to how you can empower the people and reduce the power of the politicians, you don't worry what the rules are. you worry about your message, your effort and your ability to inspire the american people. i know i can do that. >> governor pataki thank you so much. one week ago today, a man was brutally murdered in broad daylight on a d.c. commuter train with nearly a dozen people watching. why didn't anyone step in to save him. we learned of a stunning admission of wrongdoing by bill cosby while he was underoath.

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what would you do if you saw someone being brutally murdered on a commuter train? would you step in? not one of the by standers confronted the guy who was killing coven sutherland. he was repeatedly kicked in the head. nobody. should those passengers have done more? would you? i want to explore the psychology of the so-called by stander effect. joining me now is psychiatrist dr. gail salts. does lack of intervention equal cowardice? >> no. there's a phenomenon called diffusion of responsibility. when you are in a group you are much much less likely to take any action in an emergency situation because you believe that either other people will

people related to the victim will or other people aren't shouldn't, you feel embarrassment at stepping out of the group, all of these sort of subtle immediate social factors impede your ability in a way, it's not out of the -- it's not cowardice. and in fact actually the studies show if you're alone, you're 85% likely to step in. if you are in 4 or more of a group, you are 31% likely. >> it's group think in lay terms i can understand. what if 1 person among the 10 to 12 witnesses decided she would get involved. would the others follows? >> if one person does it affects the group, and then others are more likely to step in that one person taking action will basically increase the likelihood the by standers will react to that socially and also step in. >> is it the way in which we're wired? >> it is.

>> is it something we have innate -- >> it's also referred to as herd mentality. there's probably anev lucien airy reason why we tend to work with the group. stepping in in an emergency, it can help if someone does. but it also it can also cause us to do negative things. you've seen this at sporting events where the mob diffuses responsibility and feels, it's not really me doing it i'm not responsible for the group. they're more likely to do something wrong. >> this is a touch point in the blog blogospere. this is from the federal list. he makes a comparison tell me if this is fair. morally, the choice facing the passengers on that subway car was no different than the one facing the united 93 passengers on # 1sh she, it doesn't matter if it's one life or 1,000? fair? >> not really. in an emergency situation,

there's also the social immediate assessment of the danger to you versus the reward to you. when a group has time as they did on that flight to think about what was happening, and to organize as a group. over time that social factor is diminished, you're having a conversation as you brought up earlier, one person saying, we need to do something. affects the rest of the group, where as in the immediate moment the knife wielding person is an immediate threat to yourself and you might say i don't know that victim. and, therefore, you're less likely to do something. i don't think they're exactly comparible. >> you reference the victim what if the victim in this case had been female. do you think the response from the group would have been different than it was? >> it's hard to say, for people who psychologically have had some past experince where that would motivate them someone standing in that crowd had a mother who was domestically abused by a father and that

made them feel like i have to step in here i identify with the situation, i did step in. that might have motivated the group to do something different. it would depend on the psychological make-up of the constellation of the group. >> does it go without saying if the victim had been a loved one, it's your spouse your child, then everything you've just told me goes out the window game on? >> you are much more -- of course the person. that's the expectation of the group, someone who is related somehow will step in. >> and actually that is true. >> i did this on the radio yesterday, and i pointed out the perpetrator was 5'5", 150. not a big guy. and i'm the first to say, i hope i get involved but i have no idea if i would get involved. i don't think you know until you are confronted with the circumstances. >> people who are writing in and saying things and thinking i think they really believe it. just can't know because of the social psychological phenomenon that just goes against what you think would happen, but has repeatedly been shown in studies

to be the case. the fact that this was a 5'5" man is really meaningless, he had a knife, and people understand what a weapon can do. >> all drugged up and obviously prepared to -- >> 30 to 40 stab wounds is not a person who's making a calculated, i robbed somebody someone, i took them out, i tried to leave. this is someone that seems completely out of control. >> my final word you and i just spent more time discussing this than it actually took to transpire, so you know three minutes. >> these are instant things instant connections, very primitive responses, social psychological responses that people cannot assess later, they simply cannot. >> thank you as always we appreciate your work. bill cosby's stunning admission revealed in decade old court papers was the judge right to out cosby and release those documents? i have some concerns. i'll debate that with areeve rah

martin. and by now, you've probably seen this face the computer image of baby doe. her body found two weeks ago on the shore line of boston harbor. police are asking the public for help trying to identify her. we'll have the latest on that investigation.

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welcome back this week we heard about the bombshell admission from comedian bill cosby. in newly unsealed court documents dating back ten years, cosby says he obtained sedatives with the intent of giving them to women with whom he wanted to sleep with. it was his own public stance as a moral crusader that helped tip the scale for a judge to release those documents. the judge cited cosby's 2004 pound cake speech for what he considered bad parenting and

inexplicable crime. take a listen to a part of that speech. >> where were you when he was 18 and how come you don't know he had a pistol? these are not political criminals, these are people stealing a coca-cola, people getting shot in the back of the head stealing a piece of pound cake. then we're all outraged. what was he doing with the pound cake in his hands. >> in other words, the judge didn't take kindly to cosby telling others how to live their lives. >> i'm glad that cosby was outs and that his accusers have been validated, but i question the legal decision that caused the release of that information which had been sealed.

joining me now is arriva martin we both read the 25 page opinion, give me your take. >> i think the judge got it right, michael. i think the judge is absolutely correct that cosby couldn't have it both ways. he enter the public foray, he put himself into this role as moral. he went on this tour lambasting african-americaning s to almost everything really for being poor in many cases, so he made himself a public figure. now you have a public figure with issues that the public has a great interest in had, so there was no compelling reason to keep this information secret. i think the judge did the right thing. >> i'm worried about where that logic might extend. let me show you and everyone at home a part of the opinion that i find to be most ilustrytive of my point. this case is not about a defendant's status as a public person by virtue of the exercise

of his trade. rather defendant has donned the mantle of public moralist. and mounted the proverbial electronic or print soap box to volunteer his views on child rearing, family life education and crime. what does that have to do with the facts of these other cases now, where women apparently with this validation are accusing him of sexual improprieties. what does it matter about what cosby has said about parenting in the african-american community? >> it matters the platform. the platform that cosby was given, the platform that he used to interject himself into this larger discussion about african-americans and their lifestyles. one thing you have to talk about, you haven't told the other side of this story. what was the compelling reason that cosby's lawyers made. they said, look judge, this information is going to

embarrass cosby. that's not a compelling legal reason not to make this public. if the information -- if there's a request for that information after two years, the party whose opposing it has to come forward with a compelling reason not to disclose the information. and i will be embarrassed, you know that's not a valid legal argument for a judge to not disclose information. >> this happens to be the jurisdiction in which i have practiced, and by the way, this judge is a terrific judge by all accounts. i'm just as an attorney troubled by the precedent that has been set here because it says to me well what if you have a priest what if you have a rabbi, what if you have a television commentator who is making pronouncements about the way in which people should leave their lives. all of a sudden there's something they have in their closet. this seems to give rise that they get outed even if it's not an apples to apples comparison. i'm thrilled that cosby has been outed in this case for the

benefit of those two dozen women. >> i don't think you can get away from the public nature of what he did. and anyone that this rust themselves into the public limelight, whether it's a political candidate, whether it's a commentator on social issues that is a part of that job. it comes with the territory, and once you do that you can't say, well wait a minute legal system i'm a private person and i want my affairs to be kept private. so you accept the responsibility that comes with that and that's the price you pay once you become a public figure. the judge was very clear, bill cosby, because you're a comedian there's a distinction that he made and i think that's a clear distinction that we have to give the judge a lot of credit for. >> i'm not going to win you over but i'm going to take one more shot at it you ready? bill cosby in this case part and parcel as you know of the conventional settlement these

sort of documents would remain private. you gave that interview to don lemon, that was something cited in one of the footnotes, you grave that interview to don lemon and talked about the african-american community needing to clean up its act. therefore, i think i'm going to release this information about the sexual improprietyies, to me it's a disconnect. >> michael, what about the judge -- the judge gave cosby an opportunity. it's not as if he came in and said look you gave these interviews so i'm going to disclose this information. give me a legal reason a compelling legal reason why this information should not be disclosed, and the best reason that cosby's fantastic highly paid legal team could come up with is that it would be embarrassing that's not a compelling legal reason given the public's right, the public's interest in this information about drugs, sex, rape sexual

assault. i think had the teen the cosby team given the judge more to work with we may have seen a different outcome. >> i did say three times, i'm happy we know this information, right? >> you said that. >> arriva martin. millions have now seen her face no one has come forward to claim baby doe, now new details in the investigation. also a quadriplegic man fired from his job for using medical marijuana. he's fighting to convince lawmakers to protect his medical needs, you'll want to hear this story. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern.

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there's growing mystery of a girl whose body was found on the boflten shore line two weeks ago. police are appealing to those closest to the little girl to come forward and put a name to a face face. >> boston harbor's rocky shore line where this little girl's body was first spotted. >> investigators found the child's body here wrapped in a black plastic garbage bag just discarded like a piece of trash resting along the rocks here. this is just east of boston's

logan airport. can you get here by car or by boat. >> authorities don't have a clue who the child is. so they're calling her simply baby doe. they also don't know who put her here or when they suspect she hadn't been dead very long. >> how disturbed are you by this discovery here. >> this is a little kid, never had a chance in this world. it's terrible. >> this computer image was generated of what she may look like long brown hair sweet chubby cheeks and brown eyes heartbreaking and haunting. >> whoever left her here may have done so after dark do avoid being seen. deer island is a busy place, a popular spot for biking for jogging, even for fishing. there's also this big water treatment facility right here with a lot of people going in and out. >> i grew up here.

what if it's a kidnap case you know what i mean? >> baby doe is three and a half feet tall weighing 30 pounds. investigators believe she's 4 years old. she's wearing small gold earrings so someone took the time to get her ears pierced. authorities don't have much to go on they did release pictures of some of the evidence. a zebra blanket found with her, and polka dot leggings she was wearing, they hope it will jog someone's memory. this photo along the path of the shore may help someone remember too. >> somebody has to know which child and come forward. >> authorities were looking to see if baby doe may be one of a handful of high profile girls missing elsewhere. so far, those from west virginia florida, maine and mexico have all been ruled out.

the little girl's image has been viewed more than 51 million times. no visible signs of trauma on her body. randi kaye cnn, winthrop, massachusetts. coming up a disabled colorado man fired for medical marijuana use despite it's legality. can employees still fire employees for smoking pot, even in states where it's legal? he took his case to the colorado supreme court and i'm about to tell you what happened. overall vehicle score for safety. the honda pilot does not. which child goes in which vehicle? ♪ how does a mom make a choice knowing that? i mean... just kidding. we can all go in the traverse. yesss. chevrolet traverse. with available active safety technologies to help avoid frontal collisions and drifting across lanes. that's awesome! i like it.

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welcome back brandon coats has been quadriplegic since he got into a car accident when he was 16 years old. since 2007 he's worked for dish network, his bosses considered him a model employee. in 2009 coats obtained a colorado state issued license to use medical marijuana after work to help control his muscle there

is a sign on the door

and i tell the girl i'm not going to pass this test. she was like i just work here. so she did a mouth swab is what the test was, and after that i -- you know i went home. two days later they actually called me to administer the test. obviously i didn't pass. i knew i wasn't going to. so i went in to my human resource office and i talked to the manager and i let her know that i smoke marijuana, i have a red card the medical marijuana card and she was like well we've never had this come up before so she took a copy of my card and said we're going to talk to people higher up and we'll get back to you. well for two weeks they let me work and they got the reviews from my managers and supervisors. they actually met with me a couple times, asked me different questions. after two weeks, i had come in on a monday. i go to swipe my card to get in the handicapped entrance and the door wouldn't open and there was a security guard there to meet me. so we go up to the human

resource office and they let me know that they're going to terminate my employment. >> brendan, i'm on your side. i would be a hypocrite if i weren't on your side and it's not because of smoking pot, but i enjoy a martini at night. this to me is akin to cnn saying you can't have a martini at happy hour and come to work on saturday morning and host our television program. but let me play devil's advocate. what would you say to someone who says look an employer has a right to determine and set the rules for their work force. and if you don't like it you ought to work somewhere else. >> well what i say is -- one of the points is like you said you could go home and have a drink. in my view or from my experience alcohol is much more intoxicating than marijuana. if i have too much alcohol, i can't function. the more and more marijuana i smoke, just the bigger my headache gets if i smoke too much. i smoke a little bit, it

alleviates my spasms and i'm able to function for the rest of the day. why would we pass a law saying that we can smoke medical marijuana and then at the same time say, hey, if you need it as medicine you can use it but guess what if you do use it you can't work. i don't know how many states have medical marijuana now, i know it's a lot -- >> 23. >> there's probably hundreds -- that means there's hundreds and hundreds of thousands, if not more than a million people who are on a medical marijuana -- or have a medical marijuana card and use medical marijuana. what that would do is that would say, hey, all these couple million people 100,000, however many it is guess what you can't work. >> here's the way i look at it. brandon coates was fired for taking his medicine. that's how i would sum it up. >> that's what i would say, too. >> brandon coates thank you so much for being here and good luck to you. >> hey, thank you very much and thanks for having me on. >> a lot of support for him and

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every week i end the show saying we can follow me on twitter if you can spell smerconish. now they're calling me a pothead. i'm a martini guy. i'll see you next week. the following is a cnn special report. last fall the legendary bill cosby was restaking his claim as an a-list superstar at the age of 77. >> bill cosby was really looking at a career rejuvenation. >> 30 years after his nbc blockbuster, the network was cooking up another cosby sitcom. netflix had plans to stream a comedy special, and a 500-page biography was a "new york times" best seller.